State, Dept. of Roads v. Melcher

I. INTRODUCTION

The district court enjoined the defendant-appellant, Jack Melcher, doing business as J & B Enterprises, from maintaining certain operations which the plaintiff-appellee, State of Nebraska, Department of Roads, asserts constitute the use of real property as a junkyard, in violation of Neb. Rev. Stat. § 39-2601 et seq. (Reissue 1988). The intervenor-appellee, Lincoln County, avers that the operations also constitute use of the property as a junkyard or salvage yard, in violation of certain of its zoning regulations. Melcher claims, in summary, that the district court erred (1) in…